Pamela Stewart’s Answers

Do most lawyers want to settle before going to court?

Being sued by Capital One but just received initial papers, no court date set yet. I am willing to pay in full amount on papers. If I call cap one attorney and offer full payment immediately will this put this mess to an end?

Pamela’s Answer

November 29, 2014 10:30pm

And, make sure you get your agreement in writing. Keep very good records regarding any settlement of the account.

Does previous owner receive "automatic stay" if he filed for Ch 13 bankruptcy on the day of auction sale, If property was sold

I recently bought a property in Houston TX, after issuing a 30 days eviction notice to previous owner, I received a letter from his lawyer stating that they filed for Ch 13 bankruptcy ON the day the auction took place. I already paid for his forme...

Pamela’s Answer

November 28, 2014 10:57pm

To answer your question I need additional information. Did you purchase the home at a foreclosure or tax sale? Did the owner of the home (the owner before you purchased it) file bankruptcy on the day of the foreclosure/tax sale? Did the Trustee handling the foreclosure sale know of the bankruptcy? Did the bankruptcy case get filed before the sale occurred? Was notice of the bankruptcy filed in the real property records before your deed was recorded?

Debt collect for $500 debt date sep 2012 I replied by letter asking documents, I received no documentation back, what can I do

I asked for documentation of the debt in written since Idon't recognize the vendor, I receive a reply with a letter saying that their client says that is a valid debt but the name of the vendor now is different and is the name of my insurance comp...

Pamela’s Answer

November 15, 2014 11:52pm

While I agree with Mr. Berkus' answer, contact the insurance company and see if you owe them money. That is a possibility.

Can i go to jail for unpaid credit card debt from 12 years ago?

I received a call from a collection agency for a credit card I had over 12 years ago. This credit card was charged off about 11 years ago. He said he has 2 charges against me for a chase credit card for attempt to defraud and failure to pay. It's ...

Pamela’s Answer

November 11, 2014 11:40pm

While you cannot go to jail for failing to pay a credit card debt, there have been cases where people have gone to jail for contempt because he or she failed to respond to post-judgment discovery.

What is the statue of limitations in Texas for a bad check when the incident occurred in New Mexico?

I received a voicemail from a process server stating that I was being sued for a bad check. It was a payday loan back in 2006. I have not received the lawsuit in person. In the voicemail he gave me the number of the lawyer to contact. They show it...

Pamela’s Answer

November 9, 2014 4:45am

Are you sure it was a process server and not just someone claiming to be a process server? Pay day loans have a lot of scams out there where they threaten jail, lawsuits, etc. I don't know what the law is in New Mexico or what the statute of limitations is to collect a debt in New Mexico - so I can't answer that for you. In Texas, they have 4 years from the date of default. They would have to sue you in New Mexico, obtain a judgment against you, then domesticate the judgment in Texas. Hope this helps.

What are the typical fees for executing a chapter 13 for a single male with a relatively small amount of unsecured consumer debt

I found a seemingly good lawyer and had a consult, their fees were $2,250. Good deal?
Thank you!
Henry
714.609.0007

Pamela’s Answer

October 21, 2014 3:48pm

The Southern District of Texas allows a fixed fee of $3500.00 + court costs. I would not do a Chapter 13 for the amount you stated - as there is an awful lot of work that goes into a Chapter 13 and I would be representing you for 3-5 years. You should verify that there are not additional fees for what would be standard service. There are several very good bankruptcy attorneys in Bedford. Remember, you get what you pay for - and this is not the time to be cheap.

A Creditor has filed to stop my Chapter 7 Bankruptcy, what are my options?

This creditor got a default judgement because we could not afford an attorney as was told by the judge we could not appear unrepresented, now this creditor is blocking my bankruptcy and the attorney I was able to afford seems to be unable to handl...

Pamela’s Answer

October 9, 2014 9:24pm

It is difficult to answer your question without more information. How is the creditor blocking your bankruptcy? Who sent what documents to another client? Are you saying your attorney sent your documents to one of his clients? Where are you in the bankruptcy process, i.e., have you had your creditor's meeting? What chapter did you file?

Adding payments to credit file after ch.7

Chapter 7 mortgage charged off , still making payments 3 years later to mortgage company. How or should I add payments for the last 6 months to all 3 credit bureaus ?

Pamela’s Answer

September 10, 2014 12:40am

I agree with Ms. Bruce. This is a common problem for Debtors who file Chapter 7 and do not reaffirm their mortgage loan but keep making the payments. When the Debtor decides to refinance, the Debtor discovers the mortgage servicer has not been reporting the payments to the bureaus and will not refinance unless the mortgage is reaffirmed. Unfortunately, the Bankruptcy Code states the debt must be reaffirmed BEFORE the Discharge is entered. In many jurisdictions the Court will not allow you to re-open the case to reaffirm the mortgage.

My name is Iris and i filed a ch. 13 with william heitcamp in 2005. how do i get a copy of my paid off bankruptcy?

My payoff paper work perished and i need a copy so i can register my mh with austin,tx mhd. saying that i paid off my bankruptcy and all the info you have on my mh

Pamela’s Answer

September 7, 2014 9:31pm

You can contact Mr. Heitkamp's office at 713-722-1200 and see if they can get you a copy of his final report which will list all the claims paid. You can also go to any Bankruptcy Court Clerk's office and obtain a copy of your discharge order. There will be a copying fee to get this.

Disabled Veteran Bankruptcy Issue. I became indebted while on active duty. Can I request a chapter 7?

Long story short. I co-signed my ex-wife's private student loans while active duty (dumb). I deploy to Iraq and got injured. I come home and she files for divorce. I am totally and permanently disabled from Iraq and receiving 100% compensation. He...

Pamela’s Answer

September 2, 2014 4:52pm

I agree with what the other two attorneys have stated. But, don't file until you consult with an experienced bankruptcy attorney who is also familiar with student loans. You may or may not be able to discharge the student loan debt - but you MUST consult with an attorney to determine if they think you could get it discharged. Don't assume that just because you are disabled that you will automatically get that debt discharged.